THE ASSEMBLY FRANGNG MINORITY MEMBER ‘Sms Bushist Commitee STATE OF NEW YORK ‘COMMITTEES ALBANY DAViO DIIETRO ‘Assembiynan 147" Distt March 15, 2016 ‘Attorney General Eric Schneiderman Office of the Attorney General The Capitol Albany NY 12224-0341 Dear Mr Attorney General: In 2009, the United States Treasury bought shares in Citigroup and announced a special tax break so Citigroup could take deductions unavailable to other banks. The tax break was much criticized at the time by the media and Congress; Democratic Congressman Dennis Kucinich even asked the Special Inspector General for the Troubled Asset Relief Program to investigate the decision. Citigroup appears to have also taken those deductions to reduce its New York State franchise tax. A whistleblower noticing the deductions, has sued Citigroup (New York State ex rel. Eric Rasmusen v Citigroup, Inc. #1 15-cv-7826) on behalf of state taxpayers under the New York False Claims Act ~ taxpayer protection you championed. The alleged underpayment is $800 million, which under the False Claims Act trebles to $2.4 billion with penalties. The False Claims Act also gives the Attorney General the right to join a whistleblower case, as your office did in the $300 million Sprint litigation There, adding the weight and honor of the Office of the Attorney General to the case led to a successful outcome for the people of New York State. In contrast, you recently declined to join the whistleblower case against Citigroup, however you have not suggested the lawsuit has any flaw in the facts or law Your only public comments have been to confirm you will not join the case. The people of New York deserve more information The dollar amount at stake would fully fund significant infrastructure projects badly needed by our citizens or pay for a tax rebate of $300 for every household in the State of New York. We therefore respectfully request that you explain your decision not to join the False Claims Act lawsuit against Citigroup. Thank you for your time and consideration. Sincerely David J. DiPietro Assemblyman, 147th District Dowty DP ALBANY OFFICE: Room 543, LogilativeOfce Busing. Albany, New York 12248 S18-55-5914, FAX: 816-455 5001 {DISTRICT OFFICE: $11 ain Sree, East Area, Now York 1082 71GSS5-0061 FAN T6-055-0070.